TRIPURA PUBLIC SERVICE COMMISSION Vs. PARTHA SARATHI DUTTA

JUDGEMENT

(1.) CHALLENGING the legality and validity of the impugned judgment and order dated 9. 1. 2008 passed analogously in WP (C) No. 414/2005 and WP (C) No. 277/2006, the appellant, namely, Tripura Public Service Commission, has filed these two writ appeals and the same are heard analogously as prayed for by learned counsel for the appellant.

(2.) WE have heard Mr. S. Deb, learned Senior Counsel assisted by Mr. P. Datta, learned counsel for the appellant and Mr. Talapatra, learned Senior Counsel assisted by Mr. B. Banerjee for the respondents/writ petitioners, both the appeals.

(3.) THE broad facts involved in both the writ petitions out of which these two writ appeals arise are not in dispute. The facts to put short, are as follows. The Health Department in the State of Tripura being in requirement to appoint Lecturers in different branches of the Regional Institute of Pharmaceutical Science and Technology (for short 'ripsat'), Agartala, made a requisition to the Tripura Public Service Commission (hereinafter referred to as the 'commission' for selection of suitable candidates for such appointment, in terms of the relevant service rule. The aforesaid requisition was for 8 (eight) numbers of Lecturer as contained in its letter dated 16. 8. 2004 issued by the Additional Secretary, Government of Tripura, Health and Family Welfare Department. On receipt of the said requisition, the Commission decided to go on with the recruitment process as per the existing statutory rules holding the field namely, Recruitment Rules for the Post of Lecturer in Pharmacy (Pharma-Chemistry) which lays down and prescribes the essential educational qualification to hold the post as 'm. Pharm (Pharm. Chemistry) failing which M. Pharma with two years teaching experience in Pharma Chemistry failing which B. Pharm with three years teaching experience in Pharma Chemistry. ' pursuant to the aforesaid requisition an advertisement was made by the Commission in two local dailies on 1. 2. 2005. In the said advertisement clause with the heading instruction to the candidates was also inserted. As per Clause 5 of the said instruction it was provided that "where a number of years of experience is prescribed as on item of Qualification, Experience would mean only experience gained in full time employment after acquiring minimum academic qualifications including Training, if any. "